A new set of x264 and vpxenc encoder benchmarks have been published. The new benchmarks address many of the concerns raised in the comments about the methodology used in the previous article, such as using SSIM for quality measurement. Theora is also included in these tests.

Mozilla face no such legal risk for the perfectly fine quality WebM videos they are showing to advertise Firefox 4 on their "Whats New" blog page.

All it took to avoid any risks was for Mozilla to take just a couple of extra minutes to encode the videos in WebM. That is an absolute pittance cost compared with the cost of making the videos in the first place, or the cost to Mozilla blog of getting a license for h264, or defending a lawsuit for not having such a license.